About the Rights of Workers
- Workers' rights in the United States can come from federal, state and, in some cases, city laws. Local and state laws are sometimes more favorable to workers than federal law. For example, if the minimum wage in your state is higher than the federal minimum, then you are entitled to the higher amount. Another example is that federal law does not require employers to give workers a meal break, but some states do. If you have questions about your rights, always check both federal and local laws.
- Workers' rights include the right to at least minimum wage, overtime pay and safe working conditions, as well as the right to unionize, the right not to be discriminated against on the basis of race, sex, national origin, religion, age, disability and pregnancy, and the right not to be harassed. To be entitled to minimum wage and overtime pay, workers must be employed by a company covered by the Fair Labor Standards Act--most companies in the U.S. are covered. In addition, to be eligible for overtime pay, employees must be classified as "nonexempt" from overtime laws. How an employee is classified depends on the person's duties.
- Most workers are entitled to at least minimum wage. Some workers are entitled to overtime pay, at the rate of 1 1/2 times their regular pay, if they work more than 40 hours in a week. Federal law does not require paid vacation, sick days or holidays, though laws regarding these benefits are often changing. The Family and Medical Leave Act gives covered workers the right to take as long as 12 weeks of unpaid, job-protected leave per year to take care of a newborn or newly adopted child, a seriously ill relative, or themselves if they are seriously ill. Workers are covered by the act if they have worked for their employer for at least 12 months and at least 1,250 hours in the previous year, and if the employer had at least 50 employees for 20 weeks of the year. States might provide additional benefits.
- Most employment is "at will," meaning an employer can fire a worker for any reason unless that reason is illegal, such as discrimination or retaliation against whistle-blowing. Federal law does not require employers to give advanced warning of termination, except in situations in which there are factory closures or other types of mass layoffs. In these cases, companies must give workers written notice at least 60 days before the date of termination.
- Federal law gives workers the right to have a workplace free of imminent dangers, which are defined as hazards that present an immediate risk of death or serious physical harm. Workers who encounter such hazards should notify their supervisors and request that the hazards be eliminated or controlled. If the supervisors do not act quickly, workers should contact the Occupational Safety and Health Administration or their state's health and safety agency. Workers also have the right to get trained on workplace hazards, file complaints about safety and health hazards without their names being revealed to their employers, request information from their employers about OSHA standards and workers' rights, and request that OSHA conduct an inspection if they think there are OSHA violations or serious hazard violations in their workplace.
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